News & Analysis as of

Constitutional Challenges Equal Protection Trump Administration

Constangy, Brooks, Smith & Prophete, LLP

The demise of disadvantaged business enterprises

The U.S. DOT agrees to end contract goals for DBEs. In 1983, Congress enacted the Disadvantaged Business Enterprise Program, which requires that the Department of Transportation spend ten percent of federal highway...more

Epstein Becker & Green

Disparate Impact Liability Under Fire

Epstein Becker & Green on

On Wednesday, April 23, 2025, President Trump signed EO 14281, titled Restoring Equality of Opportunity and Meritocracy (EO), stating a new Trump Administration policy “to eliminate the use of disparate-impact liability in...more

Frantz Ward LLP

Trump Attempts to Eliminate Disparate Impact Theory via Recent Executive Order

Frantz Ward LLP on

The disparate impact theory has long been used to argue that an employer’s facially neutral policy has a detrimental effect on a protected class of individuals. An often cited example is the use of an arrest to reject an...more

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape

Troutman Pepper Locke on

Workplace diversity, equity, and inclusion (DEI) programs face more scrutiny than ever in light of President Trump’s recent executive orders regarding DEI policies and programs across the public and private sectors, recent...more

McDermott Will & Schulte

Fourth Circuit Stays Preliminary Injunction of Executive Orders Related to DEI Programs

On March 14, 2025, the US Court of Appeals for the Fourth Circuit issued a stay on the US District Court for the District of Maryland’s nationwide preliminary injunction of US President Donald Trump’s executive orders (EOs)...more

Davis Wright Tremaine LLP

New Administration Outlook: NADOHE Injunction on DEI Crackdown Is Stayed – Key Takeaways for Federal Grantees and Contractors

In an important development in the Trump Administration's campaign to extinguish DEI practices from the private sector, the U.S. Court of Appeals for the 4th Circuit has stayed the district court's preliminary injunction in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

Ballard Spahr LLP on

Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

Pullman & Comley - School Law

OCR, DEI and Connecticut Schools – Sorting Through a Legal Minefield

If nothing else, the early days of the Trump administration 2.0 have been a whirlwind of legal activity.  Diversity, equity and inclusion efforts have of course been at the forefront and on February 14, 2025 the federal...more

Jackson Lewis P.C.

New Lawsuit Challenges Trump Administration’s Termination of TPS for Haiti and Venezuela

Jackson Lewis P.C. on

Haitian-Americans United, Inc., Venezuelan Association of Massachusetts, UndocuBlack Network, Inc., and four individual Haitian and Venezuelan migrants residing in Boston filed a lawsuit in U.S. District Court for the...more

Proskauer - Government Contractor Compliance...

Federal Court Issues Partial Preliminary Injunction Halting Enforcement of DEI-Related Executive Orders

On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing enforcement of several provisions of President Trump’s DEI-related executive orders on Ending Radical and...more

Polsinelli

DEI Executive Orders and Related Litigation

Polsinelli on

Executive Summary - On January 20, 2025, President Donald Trump signed 26 executive orders (EO), a record number of EOs signed by a President on Inauguration Day. In his first two weeks as President, a handful of these...more

Jackson Lewis P.C.

Two Lawsuits Challenge Trump Administration’s Termination of Venezuela TPS

Jackson Lewis P.C. on

Advocacy groups and Venezuelan immigrants have filed suit in federal courts over terminated removal protections for Venezuelans in the United States. On Feb. 19, 2025, the National TPS Alliance, an advocacy group for...more

Berkshire

Trump Administration Sued A Second Time Over DEI-Related Executive Orders

Berkshire on

The Legal Defense Fund (LDF) and Lambda Legal has filed a federal lawsuit in the District of Columbia alleging that several of President Trump’s executive orders regarding “DEI” violate the Free Speech and Equal Protection...more

Foley Hoag LLP - White Collar Law &...

Developments in the DEI Landscape Heading into Trump's Second Month

President Trump’s Executive Orders targeting diversity, equity, and inclusion (“DEI”), discussed in previous client alerts with regard to higher education institutions and business more broadly, have prompted responses from...more

Offit Kurman

The Impact of Transgender Executive Order on New York Residents

Offit Kurman on

On January 20th, President Trump issued an executive order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Trust to the Federal Government.” The executive order included provisions for the...more

Genova Burns LLC

9th Circuit Refuses to Stay Nationwide Injunction Against Enforcement of Trump Immigration Order While Government Appeals

Genova Burns LLC on

On February 9, 2017, the Court of Appeals for the Ninth Circuit affirmed the U.S. District Court’s Temporary Restraining Order prohibiting nationwide enforcement of key portions of the immigration Executive Order issued on...more

Tarter Krinsky & Drogin LLP

Does Security Trump All: Will Muslims Face Extreme Vetting Under the Trump Administration?

In December 2015, President-elect Trump called for “a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.” This idea of a Muslim ban has taken...more

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